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2024 Supreme(Guj) 497

S. V. PINTO
Merajuddin @ Mullaji Kamruddin Mohd. Chhedi Shaikh – Appellant
Versus
State Of Gujarat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Jarjeeskhan
For the Respondent: Ms Jirga Jhaveri, APP

JUDGMENT :

1. The appellant has preferred the present appeal under section 374(2) of the Code of Criminal Procedure, 1973 against the judgment and order of conviction dated 19.7.2018 rendered by learned Additional Sessions Judge, (Special), Ahmedabad (Rural), Mirzapur, Ahmedabad in Special POCSO Case No.80 of 2016 whereby the learned trial Court sentenced the appellant accused to undergo imprisonment for ten years and to pay fine of Rs.25,000/-, in default, to undergo further simple imprisonment for three months for the offence under section 376(2)(i) of the Indian Penal Code and also convicted and sentenced the appellant accused to undergo imprisonment for ten years and to pay fine of Rs.25,000/-, in default, to undergo further simple imprisonment for three months for the offence under section 4 of the Protection of Children from Sexual Offences Act, 2012. The appellant is hereinafter referred to as the accused as he stood in the original case for the sake of convenience, clarity and brevity.

2. The short facts giving rise to the present appeal are that the complainant has alleged that the victim (daughter of the complainant) was aged around 6 years at the time of the incident. It i

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